When facing a divorce in Texas, many people wonder about the possibility of financial support from one spouse to the other. In Texas, this type of support is called maintenance (sometimes “spousal maintenance”), and it comes with strict requirements. Let’s walk through the key points — who may qualify, how much and for how long, what factors courts consider — and we’ll also touch on how the rules apply to same-sex couples. For more information on spousal maintenance, contact our Arlington, TX divorce lawyer today.
1. What is “spousal maintenance” in Texas
Under the Texas Family Code Chapter 8, “maintenance” means periodic payments from one former spouse to the other after a divorce to support the other spouse’s minimum reasonable needs.
It is not automatic in Texas — the court will not order it simply because a marriage ended. Texas courts are generally reluctant to award it unless the legal criteria are met.
Also worth noting: Texas uses the term “maintenance” for court-ordered support; there is also something sometimes called “spousal support” in the sense of a contract between spouses, but that is different.
2. Who qualifies for spousal maintenance?
To be eligible, the spouse seeking maintenance must show two things:
- They lack sufficient property, including separate property, after the divorce to meet their minimum reasonable needs.
- One of the following statutory grounds must apply:
- The marriage lasted at least 10 years, and the spouse cannot earn enough to meet their minimum reasonable needs.
- The spouse seeking maintenance has a physical or mental disability that prevents earning sufficient income.
- The spouse is the custodian of a child of the marriage who has a physical or mental disability, making the spouse unable to earn sufficiently.
- The other spouse was convicted of or received deferred adjudication for a crime of family violence committed during the marriage (or within two years before filing for divorce) against the requesting spouse or the spouse’s child.
So even if a marriage lasted more than 10 years, the spouse still must prove they can’t reasonably meet their needs and tried to become financially self-sufficient.
3. How much and for how long?
Amount: Under Texas law the court may not order a maintenance payment that exceeds the lesser of:
- 20% of the paying spouse’s average monthly gross income, or
- $5,000 per month.
“Gross income” for this purpose excludes things like Social Security retirement, certain disability benefits, etc.
Duration (how long payments may last): The statute sets “presumptive” limits depending on the duration of the marriage:
- For a marriage lasting less than 10 years: generally, maintenance is unavailable unless family violence ground applies.
- For 10 to less than 20 years: up to 5 years.
- For 20 to less than 30 years: up to 7 years.
- For 30 or more years: up to 10 years.
However, if the spouse is disabled or caring for a disabled child such that they cannot become self‐sufficient, the court may extend beyond those limits.
Termination triggers: Maintenance order ends on the death of either party, the remarriage of the receiving spouse, or if the receiving spouse permanently lives in a romantic relationship analogous to marriage (cohabitation).
4. What factors do courts look at?
When deciding whether to award maintenance (and how much / how long), the court considers a number of statutory factors under Texas law. These include:
- Each spouse’s ability to meet minimum reasonable needs and to pay.
- Education, employment skills, work history, future employability.
- Contributions to the marriage: one spouse’s contribution as homemaker, one spouse’s contribution to the other spouse’s education/training/earning capacity.
- Duration of the marriage.
- Family violence or marital misconduct including cruelty/adultery.
- Whether one spouse wasted or concealed marital assets.
So the decision is highly fact-sensitive. The trial court has broad discretion, though the above statutory guidelines constrain it.
5. How it applies to same-sex couples
Since the decision of Obergefell v. Hodges in 2015, same-sex marriages are legally recognized in Texas, and therefore, in a divorce between same-sex spouses, the same law applies.
In practice, that means a same-sex spouse may seek maintenance under the same eligibility rules: lack of sufficient property, one of the statutory grounds (10-year marriage, disability, disabled child, family violence), etc.
One practical nuance: For some same-sex couples who were together many years but only legally married for a shorter period (for example if they married after same-sex marriage became legal), proving the 10-year marriage rule may be tricky. The law looks at the legal marriage date, not simply cohabitation.
But overall the statute does not differentiate between opposite-sex and same-sex marriages when it comes to maintenance.
6. Key take-aways
- Maintenance in Texas is rare and limited — you must meet both the need test (lack of property to meet minimum reasonable needs) and one of the statutory grounds.
- The amount and duration are capped: no more than 20% of payor’s gross income or $5,000 per month, and the duration depends on the length of marriage (typically 5, 7 or 10 years) unless a disability extends it.
- Maintenance is separate from property division and child support — it’s not guaranteed just because you were married a long time.
- Same-sex couples have the same rights under the statute, but the marriage date issue can make a difference in some cases.
- If you’re negotiating a divorce in Texas (regardless of gender composition of the spouses) and maintenance is a possibility, documentation of income, disability, marital contributions, and property are all very important.
If you require assistance with a case regarding spousal maintenance, contact the Brandy Austin Law Firm today.